Is it possible to be pulled over for vaping and driving?

[Newyorkifornian]

I live in NY now...can they nab you on the electronic device law? I know it's for cell phones, but I also know people that have gotten pulled over for touching the gps only unit on the car so makes me wonder since technically it has a battery and is not hands free...and western ny cops (as well as state troopers in western ny) are bored.

 

[nobutts1]

Hi, welcome to the best site for vapers. I personally haven't but I wouldn't mind at all, in fact I wish they would pull me over, so I could educate more people. I intentionally vape anyway and everywhere just so people will ask about it. The more people are educated, the better chance we have of it being a positive, not a negative.

 

[VapinWolf]

I live in NY now...can they nab you on the electronic device law? I know it's for cell phones, but I also know people that have gotten pulled over for touching the gps only unit on the car so makes me wonder since technically it has a battery and is not hands free...and western ny cops (as well as state troopers in western ny) are bored.

That is a good question, many states do have a 'hands free' law but most specify 'cell phones'.

 

[candimccann]

It hasn't happened to me, but in the past year+ I have read a lot of posts by users here who have been pulled over by curious cops. One poster mentioned that the officer tested his liquid with a field kit to be sure it didn't contain drugs. None of the ones I have read have led to any citations.

 

[BostonVape]

the PV isn't what you need to worry about.. it seems having unlabeled juice is the issue.

if you cannot prove its not an illegal substance.. then cops can have a field day with that if they want to ..

if I have unlabeled bottles .. I always make sure to have one that is marked (I keep a really small sample bottle of juice I dont like in my glove box just in case)

 

[BostonVape]

I live in NY now...can they nab you on the electronic device law? I know it's for cell phones, but I also know people that have gotten pulled over for touching the gps only unit on the car so makes me wonder since technically it has a battery and is not hands free...and western ny cops (as well as state troopers in western ny) are bored.

so i think the debate on this would be: if you are taking your eyes off the road or not.

if you already have it available in your hand, and you are simply holding it to your mouth.. then that really should apply to the rule.

obviously if you are rummaging through your bag and trying to fill a clearo while driving.. thats a different story

 

[Vapoor eyes er]

From Post # 11...
"A few converts who are OPP (State Police) told me it is within the parameters of the law to pull someone over that was using an APV with a VV screen. Said charges prolly wouldn't happen as the Judge would give the Officer a stern Lecture for wasting his and the court's time."

FDA says it's a smoking cessation device. Vendors say no it's not a smoking cessation device. Most laws regarding driving and using an electronic device includes "entertainment" devices with a screen- DVD players, GPS screens. It's a grey area and stretching the law but an APV with a screen could be loosely" construed as an "entertainment" device that sometimes, when adjusted, "could" be distracting. I'm not worried and would fight it in court but really don't believe it would ever happen.

 

[Bill's Magic Vapor]

It would definitely suck to be pulled over for vaping. Haven't heard of such a thing....yet. Hope we don't have to worry about that. If you hear something, please let us know!

 

[Newyorkifornian]

From Post # 11...
"A few converts who are OPP (State Police) told me it is within the parameters of the law to pull someone over that was using an APV with a VV screen. Said charges prolly wouldn't happen as the Judge would give the Officer a stern Lecture for wasting his and the court's time."

FDA says it's a smoking cessation device. Vendors say no it's not a smoking cessation device. Most laws regarding driving and using an electronic device includes "entertainment" devices with a screen- DVD players, GPS screens. It's a grey area and stretching the law but an APV with a screen could be loosely" construed as an "entertainment" device that sometimes, when adjusted, "could" be distracting. I'm not worried and would fight it in court but really don't believe it would ever happen.

I'd like to think so, but this has me wondering now...western ny is notorious for the ridiculous. I have been pulled over for failing to yield to a duck crossing sign before. True Story. Nope, not speeding, car all inspected/registered/insured, and I'm just a regular woman...didn't look like an axe murderer or coated in blood. Ducks. ......

 

[CookieRules]

oh my, i vape in my car all the time . lol

 

[CookieRules]

then again, never heard of anyone being pulled over in our country for vaping while driving

 

[SupplyDaddy]

Ok.. Worked for Law Enforcement on the border, no problems once the LEO's know what it is.. Was in an accident yesterday, vaped away and the cop never blinked. Never been pulled over for vaping, although I do tend to keep it down when I don't think about it.. keep it up when I do..
LEO's "may" pull you over for anything that they feel is suspicious. If they are actually working, you won't be pulled over unless you are doing something they feel is worth their time. Unless it's illegal to "smoke" in your vehicle, what are you worrying for?

 

[Mart]

I make sure I'm vaping when I pass a police car. Of course here vaping is 100% legal. But I still like living dangerously.

 

[keyer333]

They could pull you over but can't really do anything, its not like its illegal

 

[Sugarbear]

Got pulled over twice since I started in 2008. The Police simply requested to see my tweeking device and search my vehicle before they even gave me a chance to explain anything. I was polite and explained what I had anyway to include showing my juice bottle and a business card from my vendor. They were quite surprised ... This being back when the e-cig was pretty new and underground for the most part. They asked a bunch of questions, .... humbly let me go with their apologies for making me late for work and that was that!!

 

[XeniaMike]

I live in NY now...can they nab you on the electronic device law? I know it's for cell phones, but I also know people that have gotten pulled over for touching the gps only unit on the car so makes me wonder since technically it has a battery and is not hands free...and western ny cops (as well as state troopers in western ny) are bored.

I have bluebooth for my phone in the car, can we have an automatic way to vape? And have steering wheel controls for it too? WOW! I'd be in heaven.